Mazzeo v Inner West Council [2020] NSWLEC 1163

Mazzeo v Inner West Council [2020] NSWLEC 1163

The agreed modification could be approved because the Court was satisfied that the decision was within its functions and that the modified development remained substantially the same as the originally approved development, involving alterations to the external stairs, lift shaft and slab over the carport that did not qualitatively or quantitatively change the dwelling in any material manner.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Class 1 Appeal Concerning a Modification Application to a Development Consent / Orders Made Following Agreement Reached at Conciliation Conference
Outcome
Appeal upheld; modification application approved; no order as to costs.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'dwelling House Modifications']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'dwelling House Modifications']

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Procedural Posture

Class 1 Appeal Concerning a Modification Application to a Development Consent / Orders Made Following Agreement Reached at Conciliation Conference

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the development as modified was substantially the same development as the development for which consent was originally granted under s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The agreed modification could be approved because the Court was satisfied that the decision was within its functions and that the modified development remained substantially the same as the originally approved development, involving alterations to the external stairs, lift shaft and slab over the carport that did not qualitatively or quantitatively change the dwelling in any material manner.

Court Disposition

Appeal upheld; modification application approved; no order as to costs.

Orders

  • ['The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure A.' 'The appeal is upheld.' 'Modification Application No. M/2019/56, providing for new external stairs to the rear cut through the existing rock outcrop, extension of the lift shaft to provide access to the approved...